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IP Ownership Section 2 Will I own the IP I create? Whilst there is a number of situations in which you will either create or contribute to the creation of IP, you may not necessarily own the IP in question. General Position In most cases, if an employee creates IP during the course of their employment, their employer will own the IP. This is unless anything has been agreed to the contrary. University employees will usually include professors, readers, lecturers, technicians, research staff, support staff and administrators. If you are working within an NHS Trust, it may not always be clear whether a nurse or doctor who creates IP has done so in the course of their employment, particularly if their main role is that of a patient carer. It is becoming increasingly common for NHS employment contracts to refer specifically to IP. Always check what is relevant. If you are a student, you will not normally be classed as an employee unless, in addition to you being registered as a student, you also have a contract of employment with your university/institution e.g. as a research assistant. You will however have a student contract which you should check. In certain instances, particularly within NHS Trusts, an individual may be a part-time employee or jointly appointed with an external organisation. There may be honorary contracts in place. The IP arrangements should always be checked. IP Policies Many universities or other research institutions have IP policies which specify situations where the university/institution, as an employer, waives its rights to ownership of IP. It may also refer to situations where the university/ institution claims ownership of IP created by students. This may vary in relation to undergraduate and postgraduate students. It may depend on whether particular university or other facilities have been used or work is related to a specific project. The university/institution may also have different approaches with different types of IP. For example, a university may claim ownership of patentable inventions but not of copyright in certain scholarly materials. Take time to familiarise yourself with your university/institution IP policy. Your university's Registrar or Trust Manager or equivalent will have copies or it may be on your organisation's intranet. 14

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